Regulation Committee - Friday 15 January 2010

Minutesof the meeting of the Regulation Committee held on Friday 15 January 2010

Present at the Meeting:

Councillor P Prescott (Chairman)
Councillor W Rotherham
Councillor Mrs J Beswick
Councillor J S Birch
Dr Councillor C M Cottam
Councillor J Eccles-Churton
Councillor G A Fairhurst
Councillor Mrs J Hurst
Councillor J Hilton
Councillor Mrs Y Klieve
Councillor P A Liptrot
Councillor W J Wilkes

Officers in attendance

Allan Blundell – Head of Regulatory and Community Services
Steve Wearing – Licensing Manager
Peter Hibbert – Principal Licensing Officer
Tony Tuffin – Licensing Officer
Pat Anderson – Licensing Solicitor
Diane Adshead – Committee Services Officer
Heather Mulliner – Area Engineer
Danny Orrell – Team Leader Network Management
P C Liptrot – The Greater Manchester Police Authority

68 Apologies for absence: Councillors S C Barnes, W Carney and Mrs J M Peet

69 Minutes: The minutes of the meeting of this Committee held on 11 December 2009 were approved as a correct record.

70 Exclusion of the public – section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following items for the reasons set out below:-

Agenda Item No.	Title of Report	Minute No	Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972
E1	Application for the grant of a street trading consent	76	1 (information about any named person)
E2	Application for a licence to drive private hire vehicles	77	1 (information about any named person)

71 Regulation (Ad Hoc) Committee Minutes: The minutes of the meetings of the Regulation (Ad Hoc) Committee held on 30 November and 15 December 2009 were approved as a correct record:-

Regulation (Ad Hoc) Committee

10.00 am, 30 November 2009

Present at the meeting:

Councillor J B Baldwin (In the Chair)
Councillor W Carney
Councillor Mrs Y Klieve

Officers present at the meeting:

Annette Edkins – Senior HR Consultant
Peter Hassett – Principal Solicitor
Diane Adshead – Committee Services Officer (until 12.40 pm)
Kay Cullen – Trainee Committee Clerk (from 1.25 pm)

71.1 Exclusion of the public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:

Agenda Item No	Title of Report	Minute No	Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972
E1	To hear an appeal against dismissal by an employee in the Environmental Services Department	71.2	1 (information about any named person).

71.2 To hear an appeal against dismissal by an employee in the Environmental Services Department: The Senior Human Resources Consultant, Annette Edkins, informed the Committee that an employee from the Environmental Services Department had submitted an appeal against dismissal. Management had submitted written and oral evidence to support the case. The appellant and her representative submitted written and oral evidence to support the case.

During the appeal, management called upon three witnesses and the appellant called upon six witnesses.

(The meeting adjourned for lunch at 12.40 pm and reconvened at 1.25 pm)

At 4.10 pm the Committee decided to adjourn the meeting further until 4 December 2009, for further evidence to be sought.

Meeting reconvened at 10.00am on 4 December 2009

Present for this part of the meeting:

Councillor J B Baldwin (In the Chair)
Councillor W Carney
Councillor Mrs Y Klieve

Officers present at the meeting:

Annette Edkins – Senior HR Consultant
Peter Hassett – Principal Solicitor
Kay Cullen – Trainee Committee Clerk

Further written evidence was submitted. Both management and the appellant’s representative summarised their cases.

A statement from the appellant was distributed to the Committee due to the appellant being unable to attend this part of the meeting.

Resolved: The Committee decided to substitute management’s decision with an offer of re-engagement to the appellant with a final written warning.

Chairman

The meeting concluded at 11.10am

Regulation (Ad Hoc) Committee

10.00 am, 15 December 2009

Present at the meeting:

Councillor J B Baldwin (In the Chair)
Councillor Mrs J Beswick
Councillor Mrs J Hurst

Officers present at the meeting:

Linda Tanham – HR Casework and Advice Manager
Roz Lawton – Chief Legal Officer
David Skinley – Administrative Assistant

71.3 Exclusion of the public – Section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reason set out below:

Agenda Item No	Title of Report	Minute No	Description of Exempt Information by reference to Paragraph Number in Schedule 12A of the Local Government Act 1972
E1	To hear an appeal against dismissal by an employee in the Business Support Services Department	71.4	1 (information about any named person).

71.4 To hear an appeal against dismissal by an employee in the Business Support Services Department: The Head of Peoples Services, Alison McKenzie-Folan, informed the Committee that an employee from Business Support Services had submitted an appeal against dismissal.

Management had submitted written and oral evidence to support their case.

The appellant and her representative submitted oral evidence to support their case.

During the appeal, management called upon two witnesses and the appellant called upon one witness.

The Committee gave serious consideration to the evidence submitted during the hearing; the view of the Committee was that the appellant was caught up in a culture that should not be condoned. The Committee further believed that the appellant was misguided by such culture rather than deliberately contravening Council policy.

Contravening the Council’s policy was a serious breach of a contract of employment. Nevertheless, the Committee took into consideration the appellant’s previous good record and heard that the appellant did carry out additional responsibilities to assist Management; this was confirmed by the reference form the appellant’s line managers Gill Callaghan and Peter Haggart.

The appellant admitted that this had been a hard lesson, but the Committee believed that this lesson would make the appellant a better employee in the future.

Resolved: The Committee substitutes management’s decision of dismissal with a final written warning and suspension of pay will remain as compensation of loss of time to the Council.

This decision is without precedent.

Chairman

The meeting concluded at 12.10 a.m.

72 Application for the grant of a street trading consent: The Committee considered a report of the Interim Executive Director of Environmental Services, Gillian, Bishop, presented by Principal Licensing Officer, Peter Hibbert, which advised Members of an application for the grant of a street trading consent to sell hot and cold foods from a static trailer at the sports fields and football pitches to the rear of Howe Bridge Sports Centre, Atherton.

The application was advertised at the proposed location in accordance with the Council’s Policy of Street Trading and a letter making objections to the application, was received from a member of the public.

The applicant attended the meeting and answered questions.

Resolved: The Committee grants the application.

73 Hackney Carriage Licensing – policy on disability access vehicles: The Committee considered a report of the Interim Executive Director of Environmental Services, presented by the Licensing Officer, Tony Tuffin, which advised Members of the outcome of a request to defer implementation of part of the new policy in respect of the licensing of hackney carriages and private hire vehicles and which also appraised Members of the forming of the Focus Group as directed at its meeting on 13 February 2009 (minute 49 refers).

Resolved: The Committee approves;

that the implementation of the policy on accessible hackney carriages as determined on the 13 February 2009 be deferred until further research, investigation and consultation have been carried out;
that in the meantime, officers continue to hold the Focus Group meetings and other means of consultation, and examine how best to take forward any future policy as regards vehicles that the Council may be prepared to license for hackney carriage and private hire use, having regard to accessibility for the disabled;
that following the above research and consultation process, a further report outlining revised proposals for hackney carriage and private hire vehicle licensing policies be brought to Members for their consideration; and
that pending the outcome of the above research and consultation, in the meantime, it shall remain a condition of all hackney carriage licences currently issued in respect of wheelchair accessible vehicles that any replacement vehicle must be of a wheelchair accessible type.

74 Nice ‘n’ Naughty - request for reduction in sex shop licence renewal fee: The Committee watched a power point presentation by the Retail Director, Nice ‘n’ Naughty, Trish Murray, which informed Members of a national campaign to reduce licence fees for the sex shop industry. The presentation highlighted the licence renewal prices faced by the industry in comparison to the licence renewal prices for other regulated professions.

Nice ‘n’ Naughty currently paid £2000 annually to Wigan Council to enable them to sell sex products. Sex products were available in many high street stores and mail order websites all of which did not hold a licence.

Resolved: The Committee thanked the Retail Director for the informative presentation.

75 Objections to the proposed prohibition of waiting Lockett Road / Redgate Road / Bryn Road, Bryn: The Committee considered a report of the Interim Executive Director of Environmental Services, presented by, the Area Engineer, Heather Mulliner, which advised Members of objections received to the proposed prohibition of waiting restrictions in the vicinity of the South Lancashire Industrial Estate.

The application had previously been considered by the Committee (minute 60 refers), but was deferred to allow Members to attend a site visit.

The site visit was arranged for 11 January 2010 but was subsequently cancelled because of the severe weather conditions.

Officers attended the meeting and supplied plans and videos of the area.

The Committee requested that this item be deferred to allow a site visit to be re-scheduled for 12 February 2010.

Resolved: The item be deferred to allow:

the Committee to attend a site visit;
Officers to invite Travel Plan Officers to attend; and
Officers to invite management from Job Centre Plus to attend.

76 Application for the grant of a street trading consent: The Committee considered a report of the Interim Executive Director of Environmental Services, presented by the Principal Licensing Officer, which advised Members of an application for the grant of a street trading consent to sell hot and cold foods from a static trailer located at Gibfield Park Way, Atherton.

Objections to the application had been received by the Greater Manchester Police Authority.

The applicant attended the meeting and answered questions.

PC Ian Liptrot of the Greater Manchester Police Authority attended the meeting and answered questions.

Resolved: The Committee refuses to grant the street trading consent on the grounds that:

the applicant is not a fit and proper person, and
the site applied for is not suitable.

(Councillor P A Liptrot expressed his concern at the Committee’s decision and requested that this be recorded.)

77 Application for a licence to drive private hire vehicles: The Committee considered a report of the Interim Executive Director of Environmental Services, presented by the Principal Licensing Officer, which advised Members of an application for a licence to drive private hire vehicles

The driver applicant and his representative attended the meeting and answered questions.

Resolved: The Committee refuses to grant the licence on the grounds that the applicant is not a fit and proper person.

78 Complaint of Plying for Hire - Conviction of offender: The Committee considered a report of the Interim Executive Director of Environmental Services, presented by the Licensing Officer, which informed Members of the conviction of an unlicensed driver plying for hire.

On 17 December 2009 the offender failed to appear before Wigan and Leigh Magistrates Court and the case was adjourned until 7 January 2010.

On 7 January 2010 the case was heard in the driver’s absence and he was found guilty. The Magistrates imposed the following sentence: